121: Resolution on the United Nations Declaration on the Rights of Indigenous Peoples

The African Commission on Human and Peoples’ Rights (the African
Commission or ACHPR) meeting at its 42nd Ordinary Session held from 15 -
28 November 2007, in Brazzaville, Republic of Congo:

Recalling its mandate to promote human and
peoples’ rights and ensure their protection in Africa under the African
Charter on Human and Peoples’ Rights (the African Charter);

Recalling its decision to establish a
Working Group to examine the issue of Indigenous Populations and advise
it accordingly, at the 28th Ordinary Session, in Benin, Cotonou;

Recalling further its Resolution Ref.
ACHPR/Res.65 (XXXIV) 03 on the adoption of the Report of the African
Commission’s Working Group on Indigenous Populations/Communities adopted
at its 34th Ordinary Session held in Banjul, The Gambia from 6 – 20
November 2003;

Noting with appreciation the immense work
done by the Working Group in articulating the African Commission’s
position on the rights of Indigenous Populations/Communities;

Recalling the Advisory Opinion it adopted at
the 41st Ordinary Session held in Accra, Ghana in May 2007 calling on
Member States of the African Union to adopt the United Nations
Declaration on the Rights of Indigenous Peoples;

Noting with satisfaction the adoption of the
United Nations Declaration on the Rights of Indigenous Peoples on 13
September 2007 by the UN General Assembly;

Noting further that no State Parties to the African Charter on Human and Peoples’ Rights voted against this Declaration;

Recognizing further the importance of enhancing the effort to foster the values and implement the principles enshrined in this Declaration;

Now, therefore, resolves:

1. To adopt the Communiqué annexed hereto on the adoption of
the United Nations Declaration on the Rights of Indigenous Peoples;

2. To have this Communiqué read out during the Closing Ceremony of the 42nd Ordinary Session; and

3. To have it widely publicized and distributed to all stakeholders including State Parties during and after the said Session.

Done in Brazzaville, Republic of Congo, 28 November 2007.

COMMUNIQUE ON THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES

The African Commission on Human and Peoples’
Rights welcomes the adoption of the UN Declaration on the Rights of
Indigenous Peoples by the UN General Assembly on the 13th September
2007. This Declaration is a very important document for the promotion
and protection of indigenous peoples’ rights all over the world,
including on the African continent.

The UN Declaration on the Rights of
Indigenous Peoples sets out the individual and collective rights of the
world’s indigenous peoples, calls for the maintenance and strengthening
of their cultural identities, and emphasizes their right to pursue forms
of development in keeping with their own needs and aspirations. The
Declaration also explicitly encourages harmonious and cooperative
relations between States and indigenous peoples: It prohibits
discrimination against indigenous peoples and promotes their full and
effective participation in all matters that concern them.

With the adoption of the UN Declaration a
giant step has been taken towards securing the survival of indigenous
peoples and their unique cultures based on their own needs and visions.

The UN Declaration came about after more than
20 years of negotiations in the UN Human rights bodies, a process that
involved genuine participation of indigenous peoples’ themselves. The
African Commission notes with satisfaction that the great majority of
African states voted in favour of the Declaration and that not a single
African country voted against this groundbreaking international human
rights instrument. A total of 143 countries voted in favour, 4 against
and 11 abstained.

The UN Declaration on the Rights of
Indigenous Peoples is in line with the position and work of the African
Commission on indigenous peoples’ rights as expressed in the various
reports, resolutions and legal opinion on the subject matter. The
African Commission is confident that the Declaration will become a very
valuable tool and a point of reference for the African Commission’s
efforts to ensure the promotion and protection of indigenous peoples’
rights on the African continent.